Republicans on a House Education and the Workforce subcommittee have criticized the EEOC for discouraging employers from conducting necessary criminal background checks on job applicants and for pursuing meritless discrimination suits. Rep. Tim Walberg said the EEOC’s 2012 guidance on employers’ use of arrest and conviction records “has made it more difficult for employers to ensure the safety of their customers and co-workers.” Rep. John Kline, said the EEOC guidance is a potential job killer as small employers in particular might choose not to hire anyone rather than deal with the agency’s long, complicated guidance about what employers must do when conducting criminal checks.

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